Test that courts use to determine whether a non-word mark is inherently distinctive
What you are: generic; who you are: ____
The design of retail stores
Evidence that one might collect to show that a term has acquired secondary meaning
Cause of action one might bring if their trademark is generic
Subcategory of a general drink class that is also considered generic
Combination of terms that was found to be generic because the combination did not constitute a “deviation from normal usage” or “an unusual unitary combination”
Lowest level of the spectrum
Survey that asks people “what word or words would you use to describe [the product category]?”
Verticales
Shape in Amazing Spaces that the court found was not “so unique, unusual or unexpected in this market that one can assume without proof that it will automatically be perceived by customers as an indicator of origin—a trademark”
Exotic source-identifier in In re Clarke
Argument against the proposition that color alone can be a trademark
Theory that the defendant in Zatarain’s, Inc. eventually won under even after the 5th Circuit found that “Fish-fri” was descriptive and had acquired secondary meaning
Like color alone, protectable only with evidence of secondary meaning
Detergent trademark that was found to be descriptive
Case where the Supreme Court decided that the trade dress of a restaurant can be inherently distinctive, and thus, can be protected without a showing of secondary meaning
Registration is ___ evidence of the validity of the registered mark, which includes a presumption that the mark is not generic
Spectrum used to categorize word marks in the context of the product/service
Something a court might consider, as well as size and location, when determining if a non-word mark is merely ornamental
Non-word marks that, as a matter of law, are not inherently distinctive but stylized versions might be
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